Aboriginal housing in the NT: legal issues. Nicole Stobart and Rachana Rajan NAAJA, Civil Law Section

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1 Aboriginal housing in the NT: legal issues Nicole Stobart and Rachana Rajan NAAJA, Civil Law Section

2 Housing issues impact: Mental and physical health Employment School attendance CDP (work for the dole) participation Domestic violence Child protection concerns Criminal justice involvement

3 Regulatory framework Residential Tenancies Act ( RTA ) Housing Act Policies of the Department of Housing and Community Development ( the Department )

4 Common issues seen by NAAJA Debt Repairs Antisocial behaviour Housing applications Limited awareness of legal rights

5 Debts What tenants tell us: I have a debt for repairs and maintenance at my last house I have a debt for something in my house that Housing fixed up I owe Housing money for not paying rent I have a really big debt and I don t know why I am being evicted because Housing says I owe them money Housing is asking me to pay for something that was already broken when I moved in

6 Debts repairs and maintenance What we do: Use the Residential Tenancies Act Ask for review of the debt according to initial state of the premises, reasonable wear and tear and damage that was not intentional or negligent Argue that they are statute-barred Complain to the NT Ombudsman

7 Debts repairs and maintenance Issues we face: Wear and tear and prior condition not initially considered by the Department Tenants not knowing rights in relation to inspections Inadequate records Proving damage was not intentional or negligent

8 Debts repairs and maintenance What we would like to see: Education from the Department at the start of a tenancy The Department consistently applying fair wear and tear and existing damage before issuing debts Tenants being referred for legal advice when a debt is alleged Tenants being referred for legal advice before an exit inspection Best practice with record keeping

9 Debts unpaid rent What we do: Ask them to be reconciled Argue that they are statute-barred Complain to the NT Ombudsman

10 Debts unpaid rent Issues we face: Unreconciled debts being alleged Tenants advised of debts late Department pursuing old debts Complexity of how rent works Department not backdating rebates

11 Debts unpaid rent What we would like to see: Policy not to pursue debts that are more than 3 years old Policy around advising tenants that they have a debt A proactive, communicative approach to rent policy Review of the way rent works Less onerous rebate system Communication with Centrelink for rebates

12 Remote housing repairs What tenants tell us: I have told Housing about repairs for months Contractors were fixing up other houses but they didn t come to mine

13 Remote housing repairs What we do: Give advice on the Residential Tenancies Act Apply to NTCAT for the repairs and/or compensation Complain to the NT Ombudsman

14 Remote housing repairs Issues we face: Barriers to written repair requests Department assuming tenant responsibility Inadequate records Cross-claims for large, unrelated debts previously unknown to the tenant

15 Remote housing repairs What we would like to see: Proactive maintenance by the Department Support to write notices of repair Skills building in remote communities The Department acting as a model litigant

16 Antisocial behaviour What tenants tell us: I m getting kicked out of my house for having people around I signed some papers about behaviour that I don t understand Housing is evicting me because I got too many points

17 Antisocial behaviour What we do: Consider what is antisocial Advise on and challenge notices of direction, Acceptable Behaviour Agreements ( ABAs ), the Red Card Policy Advise whether conduct of Public Housing Safety Officers or police is lawful

18 Antisocial behaviour Issues we face: Tenants see us when they are getting evicted Unclear processes and policies around use of interpreters and legal referrals Unsure if tenancy support programs used enough

19 Antisocial behaviour What we would like to see: A homelessness prevention approach Review of policies and practices about using interpreters and early referrals to tenancy support services and lawyers

20 Housing applications What tenants tell us: There are too many people in my house I am homeless It s taking a long time for me to get a house Housing lost my application

21 Housing applications What we do: Advise on application process and eligibility Help or refer for help with housing applications Ask for applications to be reinstated or backdated Complain to NT Ombudsman about systemic issues

22 Housing applications Issues we face: Complex application process Difficulty of keeping in touch with the Department

23 Housing applications What we would like to see: Better resources, particularly in community A proactive approach by the Department Outreach housing support programs

24 Awareness of legal rights Limited due to: Department not properly considering low English literacy of tenants Department not considering disadvantage of remoteness Lack of referrals to legal services Late engagement with legal services

25 See a lawyer if The Department says you have a debt You receive an eviction notice The Department asks you to sign something You don t understand the Department or their letters You need repairs done or your house is in bad condition There are problems with your application You are not happy with PHSOs or police Something doesn t feel right You don t like how housing in the NT works

26 Legal assistance NAAJA and most community legal centres help individual people Most housing issues are legal issues Early legal advice is the best legal advice! NAAJA can deliver (some) education on tenants rights NAAJA Darwin NAAJA Katherine NAAJA Alice Springs

27 Wish list Progress. These issues are not new. Compliance with the Residential Tenancies Act Practical policies with a homelessness prevention approach Focus on community knowledge and skills The Department as a model litigant

28 Resources NAAJA s response to Housing strategies and issues paper, 2016 ( Commonwealth Ombudsman report on remote housing reforms in the NT, June 2012 ( Let there be light Department and Power & Water response to widespread damage to electricity meters in a remote community, June 2015 ( NT Legislative Assembly report on repairs and maintenance in town camps, May 2016 (

29 Q&A panel